Defeat for Uber – Federal court approves Zurich complaints

The Dutch Uber BV and Razor Operation BV must pay AHV contributions for their drivers in 2014. That has been determined by the federal court. It partially approved two complaints from the Compensation Office of the Canton of Zurich.

The subject of the dispute in this case was the premiums for 2014. In 2019, the fund gave instructions to employ the drivers of UberX, UberBlack, UberVan and UberGreen at Uber BV. The same conclusion was drawn with Razor Operations BV’s UberPop drivers

In rulings released Wednesday, the federal Supreme Court upheld the dependent activity. The location of both companies is the point of contact for drivers at the address of Uber Switzerland GmbH in Zurich (Greenlight Center). They would have had the power to control the facilities there. This still applies to Uber BV today.

According to the Federal Supreme Court, dependent labor arises from different characteristics in the relationship between the drivers and the companies. The companies were able to give the drivers far-reaching instructions.

Compliance is checked through the app. In addition, there is a subordination relationship between the drivers in essential areas. And finally, they carry practically no economic risk.

handle claims collectively

The Unia trade union is satisfied with the determination of the Federal Supreme Court that the Uber drivers are employees. This is according to a press release published on Wednesday.

In addition to social security contributions, it requires the settlement of other employment law claims, such as reimbursement of expenses or payment of holiday entitlements. Social security contributions should also be based on a minimum wage that offers social security.

According to Unia, there must be a collective solution from the federal government, the cantons and the social partners, so that drivers do not have to submit their claims individually.

App modified

As Luisa Elster, media spokeswoman for Uber, told Keystone-SDA news agency on Wednesday, social benefits have already been paid. Several changes have been made to the app that no longer uses the same operating model.

The adjustments that have been made since July 2020 concern, for example, the freedom of choice, flexibility and autonomy of the drivers. This should enable motorists to act as independent entrepreneurs. For the intervening years, the AHV contributions are still open.

In a March 2021 judgment, the Federal Supreme Court confirmed that Uber Switzerland GmbH is not liable for paying the driver fee. In a case from the canton of Geneva, the federal judges concluded that the relationship of Uber drivers working in Geneva with Uber BV could be regarded as an employment relationship.

(Judgments 9C_70,71,75,76/2022 of 16 February 2023)

(aeg/sda)